JUDGMENT

Bharati Dangre, J -Rule. Rule made returnable forthwith.

2. Heard by consent.

3. The petitioner has approached this Court, praying for quashing and setting aside the impugned action and the order of refixation and recovery of his salary already drawn as ''Head Teacher'' and further praying for refund of the recovered retiral dues. By the impugned order dated 29th December 2016, direction is issued to the respondent no.9 to recover overpayment made to the petitioner for a period of 4 years 11 months. The said order is assailed on the ground that the amount is sought to be recovered after a considerable lapse of time from the date of retirement, and therefore, it cannot be sustained.

4. The petitioner was initially appointed as a Teacher in the respondent no.9 school with effect from 1/8/1990 and subsequently was appointed as "Head Teacher" from 2nd September 1996. The appointment of the petitioner was approved by the competent authority i.e. the Superintendent, Private Primary School, Education Department, MCGM. On 29th February 2016, the petitioner retired on attaining the age of superannuation. The petitioner was paid his regular salary and revised pay scales from time to